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<br />9. Regulations; Other Permits. I&M understands and agrees that it will, at its own
<br />expense, observe and comply with all applicable statutes, laws, ordinances, requirements, orders,
<br />rules, and regulations of all governmental authorities in relation to its use of the Property. I&M
<br />understands and agrees that it will secure in its own name and at its own expense all required
<br />permits, bonds, insurance and authorizations needed for its use of the Property.
<br />10. City’s Use. I&M recognizes and acknowledges that City may seek, in the future,
<br />to improve the License Areas for the use, enjoyment and benefit of City’s residents and visitors.
<br />Except in the event of emergency repair work needed for a City utility or riverbank, the City agrees
<br />that it will not place, construct, install, erect, or permit any permanent building, structure, or other
<br />obstruction in the License Areas that substantially interferes with the Use or Work. I&M agrees to
<br />cooperate with City when requested to locate, describe, and document the Work (with reasonable
<br />opportunity to respond to any such requests) to permit City to plan and construct improvements in
<br />the License Areas in a manner consistent with the terms of this Agreement. The Parties will
<br />coordinate for any proposed work in the License Areas and it is understood and agreed that
<br />widening and improvements of the walking path, park benches, bike racks, charging stations,
<br />temporary vendor stands and event facilities, tents, signage and lighting that does not require
<br />significant below grade concrete foundations, and minor landscaping that does not change the
<br />grade and introduce significant root structure growth do not amount to substantial interference
<br />with the Use or Work. If after fifteen years following the execution of this Agreement City plans
<br />to construct public works improvements/projects in the License Areas that substantially interfere
<br />with the Use or Work, City will use best efforts to avoid requiring I&M to relocate portions of the
<br />Work to accommodate City’s public works improvements/projects. The City will coordinate with
<br />I&M on proposed plans and alignments for City’s public works improvements/projects that
<br />substantially interfere with the Use or Work to determine the most cost-effective solution for City
<br />taxpayers and I&M’s customers that include City residents and businesses.
<br />11. Indemnification. I&M agrees and undertakes to defend, indemnify, and hold
<br />harmless the City, its respective officials, employees, agents, successors, and assigns, from and
<br />against any liability, loss, costs, damages, or expenses, including attorneys’ fees, which the City
<br />may suffer or incur as a result of any claims or actions which may be brought by any person or
<br />entity arising out of the license granted herein by the City or I&M’s use of the Property. If any
<br />action is brought against the City, or its respective officials, employees, agents, successors, and
<br />assigns, in connection with I&M’s use of the Property, I&M agrees to defend such action or
<br />proceedings at its own expense and to pay any judgment rendered therein excepting, however, any
<br />judgment entered against the City for City’s own negligence.
<br />12. Insurance. I&M, at I&M’s sole expense, shall maintain during the term of this
<br />Agreement Commercial General Liability insurance covering I&M, in an amount not less than
<br />Four Million Dollars ($4,000,000) per occurrence, inclusive of the limit of an umbrella or excess
<br />policy. I&M agrees to include the City as an additional named insured on any such policy and
<br />produce to the City evidence of the same, including without limitation a properly endorsed policy
<br />and a certificate of insurance within thirty (30) days of the execution of this Agreement and
<br />annually thereafter (“Policy”). To the extent the Policy authorizes I&M to do so, and doing so does
<br />not otherwise void any Policy coverage(s), I&M grants City first priority on any Policy coverages
<br />wherein the per occurrence limits of coverage under the Policy would be insufficient to satisfy a
<br />claim(s) made by the City under the Policy. Notwithstanding anything in this Agreement to the
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